Telecommunications (General) Regulations (Cth)

TELECOMMUNICATIONS (GENERAL) REGULATIONS
- In force under the Telecommunications Act 1991
- Updated as at 21 June 1996 (#DATE 21:06:1996)

*1* The Telecommunications (General) Regulations (in force under the Telecommunications Act 1991) as shown in this reprint comprise Statutory Rules 1991 No. 200 amended as indicated in the Tables below.

Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1991 No. 200 28 June 1991 1 July 1991
425 19 Dec 1991 19 Dec 1991 -
1993 No. 285 5 Nov 1993 5 Nov 1993 -
1994 No. 135 23 May 1994 23 May 1994 -
1995 No. 241 16 Aug 1995 16 Aug 1995 -
1996 No. 73 5 June 1996 5 June 1996-
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 1 rs. 1991 No. 425
R. 2 am. 1996 No. 73
R. 3 rs. 1995 No. 241
R. 6A ad. 1993 No. 285
R. 7 ad. 1991 No. 425
Rr. 7A, 7B ad. 1996 No. 73
R. 8 ad. 1991 No. 425
R. 9 ad. 1994 No. 135
Schedule ad. 1991 No. 425
#ADD 1:7:1996

TELECOMMUNICATIONS (GENERAL) REGULATIONS - TABLE OF PROVISIONS 
TABLE

                         TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Interpretation

    3.    Application of the Act-external Territories to which the

          Act extends

    4.    Line links used by broadcasters-prescribed

          telecommunications services and prescribed licences

    5.    Prescribed earth stations for the supply by satellite of an

          international service

    6.    Prescribed telecommunications services to which the

          prohibition of discrimination between acquirers of the

          service does not apply

   6A.    Exemptions from requirement to supply basic carriage service

          in accordance with tariff

    7.    Sale of customer equipment for which there is no permit

   7A.    Connections that are not timed connections

   7B.    Calculation of timed traffic-certain parts of timed

          connections to be disregarded

    8.    Search warrant under section 363 of the Act (Offence-related

          searches and seizures)

    9.    Design of protected symbol

                              SCHEDULE

               SEARCH WARRANT UNDER SUBSECTION 363 (2)

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 1 
Citation 


  1. These Regulations may be cited as the Telecommunications (General)
Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 2 
Interpretation 


  2. In these Regulations, unless the contrary intention appears:

  "Act" means the Telecommunications Act 1991;

  "business" means:

  (a) a company or registered body within the meaning of the Corporations Law;
or

  (b) a business conducted under a name that is required to be registered
under a law of a State or Territory; or

  (c) a business conducted on premises that are, or a part of premises that
is, used substantially to conduct the business; or

  (d) a Department or authority of the government of the Commonwealth, a State
or a Territory; or

  (e) a local government body;

  "charitable institution" means a body that the carrier recognises, in its
charges, as a charitable institution;

  "earth station" has the same meaning as in the Radiocommunications
(Licensing and General) Regulations;

  "person to person connection" means a connection established with the
assistance of an operator for the purposes of a caller communicating with a
particular person specified by the caller.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 3 
Application of the Act-external Territories to which the Act extends 


  3. For the purposes of section 30 of the Act, the following Territories are
prescribed as external Territories to which the Act extends:

  (a) the Territory of Christmas Island; and

  (b) the Territory of Cocos (Keeling) Islands.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 4 
Line links used by broadcasters-prescribed telecommunications services 
and prescribed licences 


  4. For the purposes of paragraph 99 (1) (b) of the Act:

  (a) a secondary radiocommunications service supplied by means of the main
carrier signal of a primary radio or television broadcasting service is a
prescribed telecommunications service for or in relation to the supply of
which a broadcaster may install or maintain a reserved line link; and

  (b) a licence in relation to the radiocommunications transmitter used to
supply the service is a licence of a prescribed kind if it is issued
undersubsection 24 (1) of the Radiocommunications Act 1983 as:

    (i) an Ancillary communications service network, Class A, licence;

or

    (ii) an Ancillary communications service network, Class B,

licence; or

    (iii) a Narrowband area station, Class A, licence; or

    (iv) a Narrowband area station, Class B, licence.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 5 
Prescribed earth stations for the supply by satellite of an 
international service 


  5. (1) For the purposes of authorising a person, under subsection 103 (1) of
the Act, to supply an international service to another person by the use of
satellite-based facilities if:

  (a) the other person is the holder of a licence under the
Radiocommunications Act 1983 to operate a prescribed earth station; and

  (b) the service is supplied by the use of the prescribed earth station;

an earth station in relation to which:

  (c) an Earth station, Class A, licence; or

  (d) an Earth station, Class A (receive only), licence; or

  (e) an Earth station, Class B, licence; or

  (f) an Earth station, Class B (receive only), licence; or

  (g) an Earth station, Class C, licence; or

  (h) an Earth station, Class C (receive only), licence; or

  (i) an Earth station, Class D, licence; or

  (j) an Earth station, Class D (receive only), licence; or

  (k) an Earth station, Class E, licence; or

  (l) an Earth station, Class E (receive only), licence; or

  (m) an Earth station, Australian satellite service, Class A licence; or

  (n) an Earth station, Australian satellite service, Class B licence; or

  (o) an AUSSAT receive-only station licence;

is in force under subsection 24 (1) of the Radiocommunications Act 1983, is a
prescribed earth station.


  (2) For the purposes of authorising a person, under subsection 103 (2) of
the Act, to supply an international service by the use of satellite-based
facilities if:

  (a) the person is the holder of a licence under the Radiocommunications Act
1983 to operate a prescribed earth station; and

  (b) the service is supplied by the use of the prescribed earth station;

an earth station in relation to which:

  (c) an Earth station, Class A, licence; or

  (d) an Earth station, Class A (receive only), licence; or

  (e) an Earth station, Class B, licence; or

  (f) an Earth station, Class B (receive only), licence; or

  (g) an Earth station, Class C, licence; or

  (h) an Earth station, Class C (receive only), licence; or

  (i) an Earth station, Class D, licence; or

  (j) an Earth station, Class D (receive only), licence; or

  (k) an Earth station, Class E, licence; or

  (l) an Earth station, Class E (receive only), licence; or

  (m) an Earth station, Australian satellite service, Class A licence; or

  (n) an Earth station, Australian satellite service, Class B licence; or

  (o) an AUSSAT receive-only station licence;

is in force under subsection 24 (1) of the Radiocommunications Act 1983, is a
prescribed earth station.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 6 
Prescribed telecommunications services to which the prohibition of 
discrimination between acquirers of the service does not apply 


  6. (1) For the purposes of subsection 183 (2) of the Act, if a carrier is in
a position to dominate a market for a telecommunications service that is:

  (a) a public switched telephone service; and

  (b) supplied to:

    (i) the boundary of a reserved line link; or

    (ii) the boundary of a telecommunications network prescribed under

subsection 11 (1);  and

  (c) supplied to:

    (i) a business; or

    (ii) a person who elects to be treated by the carrier as a

business; or

    (iii) a charitable institution;

for a charge calculated annually by the carrier; and

  (d) using:

    (i) in the case of a business or a charitable institution-1 or

more line links; or

    (ii) in the case of a person who elects to be treated by the

carrier as a business for the purpose of calculating the charge-a single line
link;

the service is a prescribed telecommunications service in relation to which
the carrier may discriminate, between persons who acquire in that market
telecommunications services of that kind, in relation to:

  (e) the charges for the service; or

  (f) the terms and conditions on which the service is supplied.


  (2) For the purposes of subsection 183 (2) of the Act, if a carrier is in a
position to dominate a market for a telecommunications service that is the
supply of capacity on a submarine cable:

  (a) to an international telecommunications operator;

  (b) under an agreement:

    (i) between the carrier and the international telecommunications

operator; and

    (ii) that is consistent with the terms and conditions applicable

to access to the capacity by an international telecommunications operator
under the agreement for the construction or maintenance of the submarine
cable;

the service is a prescribed telecommunications service in relation to which
the carrier may discriminate, between persons who acquire in that market
telecommunications services of that kind, in relation to:

  (c) the charges for the service; or

  (d) the terms and conditions on which the service is supplied.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 6A 
Exemptions from requirement to supply basic carriage service in 
accordance with tariff 


  6A. (1) For the purposes of subsection 194 (3) of the Act, the following
basic carriage services are prescribed:

  (a) a basic carriage service provided for a communication:

    (i) that does not originate from a place in Australia; and

    (ii) whose destination is not a place in Australia;

  (b) a basic carriage service provided as part of a trial:

    (i) of which AUSTEL has been given notice before the trial begins;

and

    (ii) for the purpose of establishing the technical or commercial

feasibility of providing a service; and

    (iii) that is of limited duration; and

    (iv) that is conducted in only part of Australia;

  (c) a basic carriage service:

    (i) to which an international accounting rate applies; and

    (ii) that is supplied by a carrier to a recognised operator of a

public telecommunications network in a country outside Australia.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 7 
Sale of customer equipment for which there is no permit 


  7. (1) A notice to be given under section 255 of the Act by a person selling
or supplying, or offering to sell or supply, customer equipment that the
person knows, or ought reasonably to know, is customer equipment the
connection of which to a telecommunications network would be contrary to
subsection 253 (1) of the Act must be in writing and must state:

  (a) that there is no permit issued by AUSTEL in force for connection of the
customer equipment to a telecommunications network; and

  (b) that, if equipment is connected to a telecommunications network, the
equipment may become dangerous or may damage the network; and

  (c) the penalty for knowingly or recklessly connecting the customer
equipment to a telecommunications network.

(NOTE: The notice should be substantially in the following form:

  "This customer equipment has no AUSTEL permit and may be dangerous or damage
a telecommunications network. Connection to a telecommunications network is an
offence under section 253 of the Telecommunications Act 1991 and may attract a
maximum fine of $12,000.".)


  (2) A notice under subregulation (1) must be:

  (a) in not less than 10 point typeface; and

  (b) conspicuously, permanently and legibly cast or etched into or fixed by
means of a plate or label to the customer equipment; and

  (c) conspicuously, permanently and legibly etched into, printed on or fixed
by means of a plate or label to any packaging in which the goods are offered
for sale or supply.


  (3) A plate or label referred to in paragraph (2) (c) must not be capable of
being removed from the packaging to which it is fixed without defacing
thatpackaging.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 7A 
Connections that are not timed connections 


  7A. (1) For the purposes of subsection 305 (2) of the Act, the following
connections are prescribed:

  (a) a connection for a local call;

  (b) a connection for a call made to an operator for the purposes of the
caller requesting the assistance of the operator to establish:

    (i) a person to person connection; or

    (ii) a connection that is known as a "number to number

connection".


  (2) In this regulation:

  "charging zone" means a charging zone specified in the table in attachment 3
to the document known as the "Telstra Public Switched Telephone Service
Tariff" forming part of the document known as the "Telstra Basic Carriage
Service Tariff" as in force from time to time;

  "local call" means a call that is dialled directly by a caller and made from
a charging zone in the domestic public switched telecommunications network to
a telephone service in the same, or an immediately adjacent, charging zone.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 7B 
Calculation of timed traffic-certain parts of timed connections to be 
disregarded 


  7B. (1) For the purposes of subsection 305 (5) of the Act, the call set up
time in respect of a person to person connection must be disregarded.


  (2) In this regulation:

  "call set up time" means that part of the duration of a person to person
connection:

  (a) commencing when the connection is established; and

  (b) ending when:

    (i) the caller communicates with the particular person; or

    (ii) the connection ends;

whichever first occurs.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 8 
Search warrant under section 363 of the Act (Offence-related searches 
and seizures) 


  8. (1) For the purposes of subsection 363 (2) of the Act, the form of
searchwarrant that may be issued by a Magistrate is the form in the Schedule.

TELECOMMUNICATIONS (GENERAL) REGULATIONS - REG 9 
Design of protected symbol 


  9. For the purposes of the definition of "protected symbol" in subsection
402A (6) of the Act, the design of the official symbol of AUSTEL is:

                         Symbol omitted.

           (See Statutory Rules 1994 No. 135 for symbol)

TELECOMMUNICATIONS (GENERAL) REGULATIONS - SCHEDULE 
SCH

                            SCHEDULE                  Regulation 8

                  COMMONWEALTH OF AUSTRALIA

                  Telecommunications Act 1991

            SEARCH WARRANT UNDER SUBSECTION 363 (2)

TO:     -1- an inspector appointed under section 360 of the

Telecommunications Act 1991.

I     -2- authorise you, with such assistance, and by such force, as

are necessary and reasonable:

  (a) at any time of the day or night or between the hours of     and

-3-;

  (b) to enter the premises at     -4-.; and

  (c) to search the premises for     -5-; and

  (d) if you find the thing on or in the premises-to seize the thing.

This warrant is issued on the basis:

  (a) of information on oath laid before me alleging that there are

reasonable grounds for suspecting that the thing referred to in

paragraph (c) above may be on or in those premises; and

  (b) that those grounds were set out in that information; and

  (c) that the thing may afford evidence as to the commission of

-6-.; and

  (d) that I am satisfied that there are reasonable grounds for

issuing this warrant.

THIS WARRANT ceases to have effect on     -7-

Issued on     1991.

     -8-.

  -1- insert full name of inspector

  -2- insert full name and designation of Magistrate

  -3- omit whichever is not to apply

  -4- insert address of premises

  -5- insert description of the thing that may afford evidence of an

offence to which section 363 of the Act applies

  -6- insert description of the nature of the offence in relation to

which the entry, search and seizure are authorised

  -7- insert date not more than 1 week after the day of issue

of this warrant

  -8- Signature and designation of person issuing warrant